BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1678 (Santiago) - Provision of incident reports to victims ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 25, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 11, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- *********** ANALYSIS ADDENDUM - SUSPENSE FILE *********** The following information is revised to reflect amendments adopted by the committee on August 11, 2016 Bill Summary: AB 1678 would require state and local law enforcement agencies to provide upon request, without charge, and within specified timeframes, one copy of all incident reports and face sheets to a victim, or a victim's representative, for the crimes of sexual assault, stalking, human trafficking, and elder or dependent adult abuse. Fiscal Impact: Incident reports : Potentially significant, likely non-reimbursable local costs (Local Funds) for local law enforcement agencies to provide incident reports for the AB 1678 (Santiago) Page 1 of ? specified crimes within the specified time periods. With regard to the preparation of incident reports for the specified crimes, the CSM previously disagreed that an "implied mandate" was created by the statute to prepare incident reports via the requirement to provide copies of such reports within specified timeframes. Apart from preparation, the provision of face sheets and incident reports for these crimes would not appear to create a reimbursable state mandate, as disclosure of this information to a victim or his/her authorized representative is currently required under the California Public Records Act. Lost fee revenues : Potential reduction in fee revenues (Local Funds) to counties that currently charge fees for face sheet/incident report requests. DOJ has indicated over 16,000 arrests for the specified offenses in each of the past three years. The number of future requests for face sheets/incident reports is unknown. As a result, the potential lost revenue to local law enforcement agencies cannot be estimated with certainty and would be dependent on the volume of requests submitted to each local agency and the associated fee charged by that agency, if any. State agencies : Likely minor impact to the California Highway Patrol (CHP) and the Department of Corrections and Rehabilitation (CDCR) to the extent the provisions of the bill relate to report requests made pursuant to acquiring a restraining order. Author Amendments: To address the potential state-reimbursable mandate imposed on local law enforcement agencies to retain copies of incident reports and face sheets for five years, the author amendments provide that the section applies to requests for sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult face sheets or incident reports made within two years from the date of completion of the incident report. -- END -- AB 1678 (Santiago) Page 2 of ?